RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against rejection of his candidature as Ex-Servicemen for recruitment on the post of Teacher Grade-III Level-1 pursuant to notification dtd. 31/12/2021.

(2.) It is, inter-alia, indicated in the writ petition that the petitioner, an Ex-Serviceman, who was retired w.e.f. 28/2/2019 (Annex.1), after retiring from the services applied for the post of Constable pursuant to the Recruitment-2019, wherein the petitioner was selected and accorded appointment by order dtd. 8/6/2021 and he joined on the same date.

(3.) Learned counsel for the petitioner made submissions that rejection of petitioner's candidature for the reason indicated that as the petitioner had already obtained employment/benefit as an Ex-Serviceman, he is not entitled for the said benefit second time, is contrary to the applicable notification dtd. 22/12/2020 (Annex.13), which inter-alia provides that if an Ex-Serviceman had applied for various posts before joining any employment under the Government of Rajasthan and gave self-declaration to the concerned employer about the pending application(s), the restriction as imposed for second benefit, would not come in the way of the candidate. The petitioner while joining pursuant to the order of appointment dtd. 8/6/2021 (Annex.14) had clearly indicated that the petitioner has applied for Rajasthan Eligibility Examination for Teachers ('REET') and, therefore, the action of the respondents in rejecting petitioner's candidature is contrary to the express provision.